
OF THE 






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TATE OF LOUISIANA: 


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ADOPTED IN CONVENTION 


ON THE FOURTEENTH OF MAY, 1845, AND RATIFIED BY THE 
PEOPLE OF THE STATE ON THE FIFTH OF NOVEMBER, 1845. 


WITH 


A COMPARATIVE VIEW 


OF THE 


OLD AM) NEW CONSTITUTIONS OF THE STATE; 


AND 


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BY S. F. GLENN. 


JUS P08TEJUUS DEROGAT PRIORI 


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NEW ORLEANS. 


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PUBLISHED BY J. C. MORGAN. 

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THE 



OF THE 


STATE OF LOUISIANA: 

// 

ADOPTED IN CONVENTION 

ON THE FOURTEENTH OF MAY, 1845, AND RATIFIED BY THE 
PEOPLE OF THE STATE ON THE FIFTH OF NOVEMBER, 1845, 

WITH 

A COMPARATIVE VIEW 

OF THE 

OLD AND NEW CONSTITUTIONS OF THE STATE; 

AND 

BY S' F. GLENN. 

» 3 ' v O r v J O 

JUS POSTERIU3 DEROGAT PRIORI. 


NEW ORLEANS. 

PUBLISHED BY J. C. MORGAN. 

1 8 4 5 . 














[Entered by J. C. Morgan, according to the Act of Congress, in the Clerk’s 
Office of the District Court of Louisiana.] 


B. M. NORMAN, PRINTER. 




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A COMPARATIVE VIEW 


OF THE 


OLD AND NEW CONSTITUTIONS. 


The importance attending the Constitutional Law of a State 
like Louisiana, affects not only our statesmen and citizens, but 
also that large and daily increasing number of people in other 
States of the Union, and in foreign countries, who have a col¬ 
lateral interest therein. Our parallel is therefore intended to be 
generally useful, and we hope it may prove so. 

Louisiana was ceded to the United States by France, by the 
treaty of Floreal, on the 30th of April, 1803. On the 22d of January, 
1812, the first Constitution, which this annuls, was established by 
the representatives of the Territory in Convention. The State 
was admitted into the Union by Act of Congress of the 8th of 
April, 1812. On admission the following conditions were prescri¬ 
bed : That the laws which the State shall pass, its records of 
every description shall be preserved, and its judicial and legisla¬ 
tive written proceedings conducted, in the language in which the 
laws and the judicial and legislative written proceedings of the 
United States are published. That the waste or unappropria¬ 
ted lands within the State shall be at the sole and entire con¬ 
trol of the United States ; and every tract of land sold by Con¬ 
gress shall be exempt from any tax whatever laid by the State, 
for the term of five years from the day of sale. That citizens of 
the United States residing out of the State, shall not be taxed 
higher than residents, and that there shall not be any tax 
upon lands belonging to the United States. And, by Act of Feb¬ 
ruary 11th, 1811, that five per cent, of all public land sales sha^J 
be appropriated to the building of levees. 




4 


The New Constitution of Louisiana has now, by its adoption 
by the people, become the fundamental law of the State. As 
such, therefore, all subsequent laws of the State and of its Muni¬ 
cipal Corporations must be subservient thereto: as it is itself 
made subject to the Constitution of the United States—the su¬ 
preme law of the land. The words of it are to be taken in 
their obvious and natural sense, and the rule of its interpretation 
is that which best follows out the apparent intention of the fra¬ 
mers. It must moreover be construed in pari materia —all its 
articles taken together. The preamble (which is an essential 
part of a law) declares the Constitution to be the act of the 
people. With us the people are the government, not only theo¬ 
retically but practically: and “ Government,” says a high au¬ 
thority, (Federalist No. XXXIII.) “is only another name for 
political power and supremacy.” The experiment of a modern 
people ruling themselves has been found entirely successful. In¬ 
deed mankind differ but little from each other save in the manner 
of their education. They are all born free to think, to act and to 
speak alike. This is the essence of all democratic and properly con¬ 
stituted governments. Ours has this basis. Obeying the laws we 
ourselves make, we stand or fall by our own acts. As the light 
of intelligence dawns upon us, and as science progresses, we one 
by one expunge the arbitrary dictas of the past from our books— 
make statutes to suit a Republic, and proudly say— -jus posterius 
derogat priori. 

Such is our New Constitution. No material point of dis¬ 
agreement exists between the old andthe new Constitutions until 
we arrive at the fifth article of the latter (corresponding to 
the third section of article second of the former.) The time 
for the election of Representatives is changed from the first 
Monday in July to the first Monday in November. This change 
was made for reasons obvious to every resident. The election is 
furthermore to be completed in one day, thus correcting abuses 
which have resulted from the previous law which required the 
polls, out of New Orleans to be kept open for three days. Instead 
of the General Assembly meeting on the first Monday in January of 
every year, it is only to meet on the third Monday of January every 
second year next ensuing the election. This last provision is par¬ 
ticularly gratifying to those who see the evils of excessive legisla¬ 
tion so prevalent at the present time. Jurisprudence has “grown 


lo a pleurisy,” and if we are not cautious it will " die of its own 
too much.” It is not the enactment but its enforcement that pre¬ 
vents crime or promotes justice. We have now the following 
capital crimes on our statute-book, to wit: murder, arson, duel¬ 
ling, when death ensues; administering poison to, or shooting or 
stabbing any person with intent to commit murder ; burglary with 
weapons, and the instigating of slaves to insurrection—How many 
of these are dead-letters ? 

A Representative, by article sixth, must be a free white male 
person, three years a citizen of the United States, attained to the 
age of twenty-one years and have resided in the State for three 
years next preceding his election, and the last year thereof in the 
parish from which he may be chosen. Thus, the property qualifi¬ 
cation, a very anti-republican feature in the old Constitution, and 
in fact more honored in the breach than in the observance, has been 
discarded. Years too must intervene before the supposed mon¬ 
archical prejudices of foreigners can influence our Assemblies ; 
although experience would seem to have made the provision un¬ 
necessary. The new convert is the most zealous; and the immi¬ 
grant does not the sooner leave the puppet-show of royalty be¬ 
cause of his hate of tyranny than from his intuitive love of liberty. 

The term “ residence,” embraced in this article, as well as in 
others, may prove a bone of contention. The highest authority 
on the import of the word is that given in the case of The United 
States vs. The Penelope , 2d Peters’ Admiralty Reports, p. 450. It 
is there adjudged that a mere transitory coming for a special pur¬ 
pose, a mere transient visit does not fall within the legal meaning 
of the word “ resident.” It must be with the intent of staying, or 
abiding for permanent purposes and be begun although it is not 
continued. (Vide also Civil Code verbo Domicil; Decisions of Su¬ 
preme Court of La.; Act of 1818 ; Story on the Constitution, Yol. 
3d, p. 565 ; Title Voters present Index. Story on the Conflict of 
Laws, Chap. III. passim.) Py the one-hundredth article of the 
new Constitution it is incumbent on the General Assembly to point 
out the manner in which a person coming into the State shall de¬ 
clare his residence. 

The next essential difference between the two organic laws, is 
that of the right of suffrage being given to every free white male 
who is of age and has acquired a residence by staying two con-, 
secutive years in the State By this if appears that the elective 


G 


franchise is given to every free white male, two years a citizen, 
over twenty-one years, who has resided the period stated : “ Pro¬ 
vided that no person shall be deprived of the right of voting who 
at the time of the adoption of this Constitution was entitled to that 
right under the Constitution of 1812.” 

The next article is a new one, and goes to show how an acqui¬ 
sition of residence may be interrupted by absence from the State, 
that shall disqualify the voter. This is as far as the article seems 
to go. The provision is founded upon the migratory disposition 
of some of the most enterprizing of our citizens, and it, together 
with the rapid decrease of sickly summers will have the beneficial 
effect of establishing more homes in the State, and particularly in 
the Metropolis. 

The thirteenth article forbids any voter to exercise his right out 
of his Parish and Precinct. This last is a new and important fea¬ 
ture, and will do much to preserve the purity of the ballot-box. 
Recent events have taught us the necessity of its introduction into 
some of our laws, and the sooner it was done the better. The 
framers of the New Constitution doubtless had an eye to the unu¬ 
sual number of elections that would be consequent upon its adop¬ 
tion, prior to any meeting of the Assembly. 

Anew Senatorial apportionment is made by the fiftieth article. 
The qualifications of Senators are also somewhat new by article 
eighteen. Ten years must now elapse before a stranger can legis¬ 
late for us in the Senate. This is an addition to the article and 
the only one ;—something, the property qualification, is subtrac¬ 
ted. 

In connection with the biennial meetings of the Assembly, or¬ 
dered in article five, and the remarks thereupon made, we con¬ 
gratulate the people on the terms of article twenty-six, which pro¬ 
hibits any session of the Assembv, except the first, from extending 
to a period beyond sixty days. This will cut off much law-making, 
and we hope that it will not have the effect o i hurrying legislation. 
Our new legislators and judges will bear in mind that “ both in 
making and expounding laws,” says Duer, “ caution and consulta¬ 
tion are indispensable duties.”* 

In the twenty-ninth article the clause of a section of the last 
Constitution, making any clergyman, priest, or teacher of any reli- 

. * Constitutional Jurisprudence, p, 81. A law was lately got through the Legislature 
which changes radically our law of successions, already sufficiently complicated. Vide 
Act March 25th, 1844. 






gious denomination, sect or society ineligible “to any office of 
trust or profit under the State” is omitted. They are still however 
kept out of our councils, and further, are made ineligible to the 
office of Governor, and of course Lieutenant Governor. 

Article thirty-six makes the State Treasurer to be appointed 
biennially instead of annually, as heretofore. 

EXECUTIVE DEPARTMENT. 

The Governor, by article thirty-eight, is to be styled and elected 
in fact, though not in theory as he was heretofore. The new pro¬ 
vision in this article creates a Lieutenant Governor, an entire new 
officer, to be elected in the same manner as the Governor, and at the 
same time. To be eligible to those great and responsible offices it is 
requisite now, by article thirty-nine, not only to be a citizen of the 
United States, as before, but to have been a citizen for fifteen years, 
and to have resided the same length of time in the State preceding 
his election, while before six years was sufficient. There was 
much debate on this question in the Convention. It was contended 
by some of the ablest gentlemen there, that our State-rulers should 
be natives of the United States. This position was supported by 
eloquence and logic, unsurpassed at the present day: while at 
the same time the contrary doctrine was not the less ably upheld.* 
A landed estate is dispensed with; or, indeed any estate at all. 
The Lieutenant Governor elected is to take upon himself (Art. 43) 
certain contingent duties which may have formerly devolved upon 
the Secretary of State. He is also to act as President of the Sen¬ 
ate, and to have a casting vote. 

THE JUDICIARY. 

The chief reason for calling the Convention together was the 
reform of the Judiciary department of the Government. For this 
reform there was great need. We had been laboring under an 
odious system until patience had ceased to be a virtue. What 
wrongs have been perpetrated upon us by that apparently insignifi¬ 
cant section of the old Constitution which said that the “judiciary 
power shall be vested in a Supreme Court and in inferior Courts !” 
Of the Supreme Court we have nothing to say but what is grateful. 
As a body it is entitled to our profound respect, and its decisions 
justly merit the pre-eminent rank they have obtained in the annals 

* See Debates in the Convention, p. 200, et seq. 






8 


of jurisprudence. But the locusts of Egypt were not a greater 
scourge than Has been the last clause in that section to the people 
of Louisiana. Yet, we the people, have no right to complain after 
electing representatives to create those monopolizing sinecures. 
Volenti non fit injuria —let us beware for the future who our law¬ 
makers are. We are rejoiced, however, that these old Courts 
have been reformed altogether: and with the new fee bill, ap¬ 
proved on the 10th of March last, we hope now that Blackstone’s 
definition of Court Houses will be understood, to-wit, that they are 
places for the administration of justice. The sixty-second article 
restricts the judicial power to a Supreme Court, District Courts, 
and Justices of the Peace. Here is no room for latitudinarian 
construction in the formation of courts, and it puts a quietus on 
fhat larger liberty in which our statesmen have been wont to in¬ 
dulge. This article will also abate the City Courts of New Or¬ 
leans and Lafayette. Judges, “ learned in the law,” will no longer 
receive from four to eight thousand dollars a year for doing a ma¬ 
gistrates duty. The tax upon the poor suitor of from one to six 
dollars will, we ardently hope, be dispensed with. Is it not anomo- 
lous that a rich man can sue from fifty dollars (under the new Con¬ 
stitution) to fifty thousand dollars without one cent advance tax, 
when the hard-working laborer, or the indigent poor, must “raise,” 
(ay, that’s the word !) one dollar, if he wants to sue his debtor 
for twenty, and pay an additional dollar advance for every twenty 
until six dollars are demanded before he can ask to be heard on his 
claim of one hundred ! We say nothing about judges being falli¬ 
ble mortals like ourselves, and of the tendency of this tax system : 
especially under the extraordinary privilege granted judges by the 
article 21st of the Civil Code. We believe most sincerely with 
Sir William Jones, that the discretion of a judge is “ a dangerous 
and tremendous power: and we would add that he also ob¬ 
serves that “ the judge is the living organ of the law, and on his 
intelligent and upright interpretation of its precepts much of the 
welfare of the community depends.” Under the provision in the 
New Constitution the Assembly has power to regulate the compen¬ 
sation of justices, and we respectfully suggest to it these conside¬ 
rations. A vast majority of the people of Louisiana will be seri¬ 
ously affected by its conclusions on this subject, on which much 
more might be said did not facts, painfully obvious already to every 
intelligent individual, restrain us. 


9 


Very important powers have been added to the Supreme Court 
by the sixty-third article of the new organic law. These powers 
extend to appellate jurisdiction in all cases in which the con¬ 
stitutionality of a tax, toll or impost of any nature soever shall 
be in contestation, whatever may be the amount thereof; and 
likewise to all fines, forfeitures and penalties imposed by municipal 
corporations ; and in criminal cases, on questions of law, where the 
punishment of death or hard labor is inflicted. The ordinary 
appellate jurisdiction (this court having no original jurisdiction,) 
remains the same as heretofore. The court, instead of consisting 
as before, of five judges, of equal dignity, and salary of five thou¬ 
sand dollars per annum, will now consist of one Chief Justice and 
three Associate Judges, a majority of all to form a quorum. The 
Chief Judge shall receive a salary of $6,000, and the Associate 
Judges $5,500 per annum. They are to be appointed for eight 
years, in place of holding their offices during good behavior. The 
regulations of their appointment will prevent any two vacancies 
in office occurring at the same time. These are radical changes 
in this vital part of the government, and a very short time will de¬ 
termine whether they are improvements or not. Nous verrons ! 
The sessions of this court in New Orleans have been judiciously 
altered, (Art. 66.) The Judges, as a court and singly have now 
power to issue writs of habeas corpus in all cases where they have 
appellate jurisdiction. The succeeding article ordains a new 
method of deciding suits. Being equally divided in opinion, the 
judgment from the lower court shall stand affirmed, but in that 
case each of the judges shall give his separate opinion in writing. 
The Reports have already reached near to fifty volumes, and it is 
desirable that the Legislature will not only order a revision of them, 
but in some degree check their mushroom growth by statute. This 
is done easily by enacting that decisions on points neither new or 
important, shall not flood the books as they liow do.* 

Article 73 is essentially new and good. It forbids any judge 
from allowing ministerial officers compensation, except such as 
may be established by law. This will prevent an amicus curiae 
from receiving extravagant fees for representing folks of straw— 
absent heirs, &c., and correct other abuses which have crept into 
a loose theory, still more loosely acted upon in practice, by some of 
those who have worn the ermine. 


* Vide Preface to 1 Robinson, en passant.. 


2 





10 


The next article is also new, and prohibits any duties or 1 unc¬ 
tions from being attached by law to judges except such as are 
judicial, and they are forbidden to receive anything mere than their 
salaries for civil duties performed by them. 

The next point that is original in this instrument is that in arti¬ 
cle seventy-five, making it obligatory upon the first Assembly to 
divide the State into not less than twelve nor more than twenty 
judicial districts. Each judicial district shall have one judge by 
appointment. An exception is made to this rule in that district 
wherein New Orleans and Lafayette arc situated, in which the 
Legislature may establish as many district courts as the public 
interest may require. These are the courts into which are merged 
the old District and Parish Courts out of New Orleans; and which 
swallow up, in that city, the District, Commercial, Probate, Parish, 
Criminal and City Courts, and the Court of Errors and Appeals in 
criminal cases. The salary of these judges shall be fixed by law, 
but shall never be less than 82,500 per annum. They must be 
citizens of the United States, over the age of thirty years, and 
have resided in the State for six years, and practised law therein 
for five years. This very responsible office can only be held now 
for six years by the incumbent; and in the beginning, according to 
the classification to be made, the lot of some of them must be two 
or four years less. (Art. 77.) The original jurisdiction of the 
District Courts shall extend to all civil cases where the amount in 
dispute exceeds the sum of fifty dollars, exclusive of interest; 
(previously it was one hundred.) and in all criminal ca c es, and in 
all matters connected with successions, their jurisdiction shall be 
unlimited. This will throw into the District Courts an immense 
mass of business. Suitors who have a claim over fifty dollars will 
naturally prefer entering an untaxed suit in the District Courts 
rather than hazard the cost, trouble and delay of an appeal to that 
court from a justice of the peace. No appeal can be had, it will 
be remembered, from this court to the Supreme Court, (unless under 
the exceptions stated,) if the amount in dispute does not exceed 
•$300—(Art. 63.) The decision of a judge of a District Court is 
final, then, in all sums between fifty and three hundred dollars. A 
justice’s jurisdiction shall never exceed one hundred dollars, subject 
to an appeal in such cases as shall be provided for by law. They 
are now to lie elected by the voters of each parish, for two years, 
and to have such criminal jurisdiction as the law shall direct. 


Clerks ol District. Courts arc likewise to be so elected for four 
years,—vacancies to be filled by the judges. A sheriff and coro¬ 
ner shall be elected in each parish for two years—vacancies to be 
filled by the Governor. Heretofore these functionaries were ap¬ 
pointed by the executive. The elective principle is just introduced, 
and as it is purely republican, it doubtless will succeed. The peo¬ 
ple begin to see with their own eyes, and not through the opaque 
glasses of politicians. Candidates immediately among them they 
know ; and they have an unqualified right, even the humblest 
citizens, who have never seen a Governor, to say who shall admin¬ 
ister their joint interest in the community. No person (Art. 126.) 
is entitled to hold or exercise, at anytime, more than one civil office 
of emolument, except that of a Justice of the Peace. Every civil 
officer (Art. 95.) must reside in the State and in his parish, or dis¬ 
trict, as the case may be, and no person shall be elected or 
appointed to any parish or district office unless he is a qualified 
voter of that parish or district or adjoining district. [See Index— 
Voting .All officers before they enter upon the duties of their 
offices must take the prescribed oath, in which the new clause 
respecting duelling is inserted (Art. 89.) A citizen fighting a 
duel with a citizen of the State since the adoption of this Constitu¬ 
tion, or who shall in any manner, knowingly, aid or assist in such 
a duel, accept or send a challenge, &c., shall be deprived of hold¬ 
ing any office of trust or profit, and of enjoying the right of 
suffrage. This peace-article (130.) has given universal satisfaction: 
although it may be considered somewhat a novelty in organic 
law. The duties of the present executive, judicial and military 
officers are to be by them continued until the organization of the 
new government. (Art. 144.) Article 28 does not apply to 
members of the first general Assembly. (Art. 146.) The time 
of service of all officers elected by the people, chosen at the first 
election under this Constitution shall terminate as though the elec: 
tion had been holden, and they had entered upon their duties, on 
the first Monday of November, 1845. (Art. 147.) 


IMPEACHMENT. 

Few alterations have been made in this part of the fundamental 
law. The only material improvement is that in the 87th article 
which provides that officers impeached shall be suspended from 
the exercise of their functions during their trial, and that, the Gov- 


12 


ernor shall make a provisional appointment, ad interim; and that 
the Legislature shall provide by law for the trial, punishment and 
removal from office of all officers of the State, by indictment or 
otherwise. (Art. 88.) These provisions are made to suit the spirit 
of the age. The impeachment of inferior officers is not, and could 
not be, provided for except under this stipulation. The eighty-filth 
article points out the public servants especially honored by an im¬ 
peachment by the House of Representatives, triable by the Senate- 

GENERAL PROVISIONS. 

The radical change in the substance of the 101st article is, that 
in all elections by either House or the Assembly the vote shall be 
viva-voce , instead of by ballot as heretofore—the vote by the 
people being by the latter method, instead of the democratic (in 
meaning and in ancient Roman practice) former method. 

The seat of government, too, is to be removed from New-Orleans 
after the year 1848. The 112th article is imperative on this 
subject: and the site must be determined on about the very first 
thing—that is, during the very first month, of the very first session 
of the very first Assembly ; and while the very fresh members are 
getting seated ;—well, chacun d son gout! We in the vicinage 
have not the ghost of an objection to make l— go further and fare 
worse ! 

The Legislature shall not pledge the faith of the State for the 
payment of any bonds, bills or other contracts for the benefit of 
persons or corporations. But the State may issue new bonds to- 
pay those obligations now outstanding—(Art. 113.) The same body 
is forbid to borrow more than $100,000 hereafter, with the excep¬ 
tions stated (Art. 114-) No lottery shall ever be authorized and the 
selling of tickets shall be forbidden—(Art. 116,) No divorce 
shall be granted by the Assembly—(Art. 117.) Laws shall embrace 
but one object which the title shall designate ; neither can a law be 
amended by reference to its title, but the act amended or section re¬ 
vised shall be re-enacted and published at length; with other ex¬ 
cellent new provisions on this head, vide arts. 118, 119, 120. The 
State is prohibited from subscribing to the stock of any corporation 
or joint stock company. No bank of discount or deposit shall be 
hereafter created, renewed or extended. Only political or muni¬ 
cipal Corporations shall ever be created by special laws. Charters 
may be revoked after 1890 if they do not expire previously; and 


no corporation, except political or municipal, shall be created to last 
for more than twenty-five years. No monopoly shall be granted 
for more than twenty years. These important new features in 
our constitutional law will be found in extenso in articles 121, 122, 
123,124,125. We feel our lack of ability and room to comment 
upon them—indeed they, with the voice of experience, speak for 
themselves. A most equitable system of taxation is introduced 
by the 127th article, and by the succeeding article the Legislature 
may vest in the Mayor, Recorders and Aldermen of New Or¬ 
leans such criminal jurisdiction as may be necessary for the 
punishment of minor crimes and offences. 

PUBLIC EDUCATION. 

It speaks volumes for the intelligence of a State to have a title 
in its organic law with this caption. Says the talented editor 
of the Southern Quarterly Review (No. XIII. p. 15.) “Whatever 
strengthens, enlarges, develops, informs and elevates the soul, 
educates it and prepares it to perform nobly its high vocation. 
Arts, science, politics, the conduct of life, the law undor which 
God has placed the universe, and the laws under which man has 
placed his country, all these are the objects of education, but above 
all—truth in relation to all things—truth which is only another 
name for power itself, and which imparts power, lustre and glory 
to the intellect.” The grand scheme of education which the 
people of Louisiana have adopted will place her, as if by magic, 
a burning and a shining light in the world of knowledge. We 
have not time to descant upon this theme as we wish at present, 
but we would say to it —au revoir! 

Little now remains to be shown to the general reader of the 
difference between the new and the old Constitutions of the State. 
For those who are still curious we respectfully refer to the in¬ 
strument itself, through the Index appended to this edition. We 
have performed our humble task with more regard to accuracy 
than to display ; and we hope that we have succeeded:—at least we 
are ready, and cheerfully willing, to correct our faults whatever 
they are; and we submit this comparative view, with all its sins 
upon its head, under the impression that an intelligent public will 
make its own comments upon the great law of which Louis¬ 
ianians are justly proud —Esto perpetua / 


CONSTITUTION 


OF THE 

STATE OF LOUISIANA. 

• , , • ;•'# v. \ * i 


PREAMBLE. 


We the people of the State of Louisiana do ordain and establish 
this Constitution. 


TITLE I. 


DISTRIBUTION OF POWERS. 

Art. 1 . The powers of the government of the State of Louisiana 
shall be divided into three distinct departments, and each of them 
be confided to a separate body of magistracy, to wit: those which 
are legislative to one; those which are executive to another, and 
those which are judicial to another. 

Art. 2. No one of these departments, nor any person holding 
office in one of them, shall exercise power properly belonging to 
either of the others, except in the instances hereinafter expressly 
directed or permitted. 

TITLE II. 

LEGISLATIVE DEPARTMENT. 

Art. 3. The legislative powers of the State shall be vested in 
two distinct branches, the one to be styled the “ House of Rep¬ 
resentatives,” the other “ the Senate,” and both “ the General 
Assembly of the State of Louisiana.” 

Art. 4. The members of the House of Representatives shall 
continue in service for the term of two vears from the day of the 
closing of the general elections. 

Art. 5. Representatives shall be chosen on the first Monday in 
November, every two years; and the election shall be completed 
in one day. The General Assembly shall meet every second 
year, on the third Monday in January next ensuing the election, 
unless a different day be appointed by law, and their session shall 
be held at the seat of government. 

Art. 6. No person shall be a Representative, who, at the time 
of his election, is not a free white male, and has not been for three 
years a citizen of the United States, and has not attained the age 




15 


of twenty-one years, and resided in the State for the three years 
next preceding the election, and the last year thereof in the Parish 
for which he may be chosen. 

Art. 7. Elections for Representatives for the several parishes 
or representative districts shall be held at the several election 
precincts established by law. The Legislature may delegate the 
power of establishing election precincts to the parochial or muni 
cipal authorities. 

Art. 8. Representation in the House of Representatives, shall 
be equal and uniform, and shall be regulated and ascertained by 
the number of qualified electors. Each parish shall have at least 
one representative ; no new parish shall be created with a territory 
less than six hundred and twenty-five square miles, nor with a 
number of electors less than the full number entitling it to a rep¬ 
resentative, nor when the creation of such new parish would leave 
any other parish without the said extent of territory and number 
of electors. 

The first enumeration to be made by the State authorities under 
this Constitution, shall be made in the year 1847, the second in the 
year 1855; and the subsequent enumerations shall be made e very 
tenth year thereafter, in such manner as shall be prescribed by 
law for the purpose of ascertaining the total population and the 
number of qualified electors in each parish and election district. 

At the first regular session of the legislature after the making 
of each enumeration, the legislature shall apportion the representa¬ 
tion amongst the several parishes and election districts on the 
basis of qualified electors as aforesaid. A representative number 
shall be fixed, and each parish and election district shall have as 
many representatives as the aggregate number of its electors will 
entitle it to, and an additional representative for any fraction ex¬ 
ceeding one-half the representative number. The number of 
representatives shall not be more than one hundred hundred nor 
less than seventy. 

That part of the parish of Orleans situated on the left bank of 
the Mississippi, shall be divided into nine representative districts, 
as follows, viz: 

1st. First district to extend from the line of the parish of Jef¬ 
ferson to the middle of Benjamin, Estelle and Thalia streets. 

2d. Second district to extend from the last mentioned limits to 
the middle of Julia street, until it strikes the Ncw-Orleans Canal, 
thence down said Canal to the Lake. 

3d. Third district to comprise the residue of the Second Muni¬ 
cipality. 

4th. Fourth district to extend from the middle of Canal street to 
the middle of St. Louis street, until it reaches the Metairie road, 
thence along said road to the New-Orleans Canal. 

5th. Fifth district to extend from the last mentioned limits to the 
middle of St. Philip street, thence down said street until its in- 


16 


tersection with the Bayou St. John, thence along the middle of 
said Bayou until it intersects the Metairie road, thence along said 
road until it reaches St. Louis street. 

6th. Sixth district to be composed of the residue of the First 
Municipality. 

7th. Seventh district, from the middle of Esplanade street to 
the middle of Champs Elysees street. 

8th. Eighth district, from the middle of Champs Elysees street 
to the middle of Enghein street and Lafayette Avenue. 

9th. Ninth district, from the middle of Enghein street and 
Lafayette Avenue to the lower limits of the parish. 

Art. 9. The House of Representatives shall choose its speaker 
and other officers. 

Art. 10. In all elections by the people, every free white male, 
who has been two years a citizen of the United States, who has 
attained the age of twenty-one years, and resided in the State two 
consecutive years next preceding the election, and the last year 
thereof in the parish in which he offers to vote, shall have the right 
of voting: Provided, that no person shall be deprived of the right 
of voting who at the time of the adoption of this constitution was 
entitled to that right under the constitution of 1812. Electors shall 
in all cases except treason, felony, breach of surety of the peace, 
be privileged from arrest during their attendance at, going to, or 
returning from elections. 

Art. 11 . Absence from the State for more than ninety consecu- 
tive days, shall interrupt the acquisition of the residence required 
in the preceding section, unless the person absenting himself shall 
be a house-keeper, or shall occupy a tenement for carrying on 
business, and his dwelling-house or tenements for carrying on busi¬ 
ness shall be actually occupied during his absence, by his family or 
servants, or some portion thereof, or by some one employed by 
him. 

Art. 12. No soldier, seaman or marine in the army or navy of 
the United States, no pauper, no person under interdiction, nor 
under conviction of any crime punishable with hard labor, shall be 
entitled to vote at any election in this State. 

Art. 13. No person shall be entitled to vote at any election held 
in this State, except in the parish of his residence, and in cities and 
towns divided into election precincts, in the election precinct in 
which he resides. 

Art. 14. The members of the Senate shall be chosen for the 
term of four years. The Senate when assembled, shall have the 
power to choose its officers every two years. 

Art. 15. The Legislature in every year in which they shall ap¬ 
portion representation in the house of representatives shall divide 
the State into senatorial districts. No parish shall be divided in 
the formation of a senatorial district, the parish of Orleans ex¬ 
cepted. And whenever a new parish shall be created, it shall be 


17 


^attached to the senatorial district from which most of its terri¬ 
tory was taken, or to another contiguous district, at the discre¬ 
tion of the Legislature; but shall not be attached to more than 
one district. The number ol Senators shall be thirty-two, and 
they shall be apportioned among the senatorial districts according 
to the total population contained in the several districts : Provided . 
that no parish shall be entitled to more than one-eighth of the whole 
number of Senators. 

Art. 16. In all apportionments of the Senate, the population of 
the city of New Orleans shall be deducted from the population of 
the whole State, and the remainder of the population divided by 
the number twenty-eight, and the result produced by this division 
shall be the senatorial ratio entitling a senatorial district to a Sena¬ 
tor. Single or contiguous parishes shall be formed into districts 
having a population the nearest possible to the number entitling a 
district to a Senator ; and if in the apportionment to be made, a 
parish or district fall short of or exceed the ratio, one-fifth, then a 
district may be formed having not more than two Senators, but not 
otherwise. 

No new apportionment shall have the effect of abridging the 
term of service of any Senator already elected at the time of 
making the apportionment. 

After an enumeration has been made as directed in the (eighth) 
article, the Legislature shall not pass any law until an apportion¬ 
ment of representation in both Houses of the General Assembly 
be made. 

Art. 17. At the first session of the General Assembly, after this 
Constitution takes effect the Senators shall be equally divided by 
lot into two classes ; the seats of the Senators of the first class 
shall be vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year ; so that one half shall be 
chosen every two years, and a rotation thereby kept up perpetu¬ 
ally. In case any "district shall have elected two or more Senators, 
said Senators shall vacate their seats respectively at the end of 
two and four vears, and lots shall be drawn between them. 

Art. 18. No person shall be a Senator who at the time of his 
election, has not been a citizen of the United States ten years, and 
who has not attained the age of twenty-seven years, and resided 
in the State four years next preceding his election, and the last 
year thereof in the district in which he may be chosen. 

Art. 19. The first election for Senators shall be general through¬ 
out the State, and at the same time that the general election for 
Representatives is held ; and thereafter there shall be biennial 
elections to fill the place of those whose time of service may have 
expired. 

Art. 20. Not less than a majority of the members of each house 
of the General Assembly shall form a quorum to do business; but 
a smaller number may adjourn from day to day, and shall be au¬ 
thorized by law to compel the attendance of absent members. 

3 


IN 


Art. 21. Each house of the General Assembly shall judge ol 
the qualification, election and returns of its members ; but a con¬ 
tested election shall be determined in such manner as shall be di¬ 
rected by law. 

Art. 22. Each house of the General Assembly may determine 
the rules of its proceedings, punish a member for disorderly be¬ 
havior, and with the concurrence of two-thirds, expel a member, 
but not a second time for the same offence. 

Art. 23. Each house of the General Assembly shall keep and 
publish weekly a journal of its proceedings ; and the yeas and 
nays of the members on any question shall, at the desire of any 
two of them, be entered on the journal. 

Art. 24. Each house may punish, by imprisonment, any per¬ 
son not a member, for disrespectful and disorderly behavior in its 
presence, or for obstructing any of its proceedings. Such impris¬ 
onment shall not exceed ten days for any one offence. 

Art. 25. Neither house, during the session of the General As¬ 
sembly, shall without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which they 
may be sitting. 

Art. 26. The members of the General Assembly shall receive 
from the public treasury a compensation for their services, which 
shall be four dollars per day during their attendance, going to and 
returning from the session of their respective houses. The com¬ 
pensation may be increased or diminished by law; but no altera¬ 
tion shall take effect during the period of service of the mem¬ 
bers of the House of Representatives by whom such alteration 
shall have been made. No session shall extend to a period beyond 
sixty days, to date from its commencement, and any legislative 
action had after the expiration of the said sixty days, shall be null 
and void. This provision shall not apply to the first Legislature 
which is to convene after the adoption of this Constitution. 

Art. 27. The members of the General Assembly shall, in all cases 
except treason, felony, breach or surety of the peace, be privileged 
from arrest during their attendance at the sessions of their re¬ 
spective Mouses, and going to or returning from the same, and for 
any speech or debate in either House, they shall not be questioned 
in any other place. 

Art. 28. No Senator or Representative shall during the term 
for which he was elected, nor for one year thereafter, be appoint¬ 
ed or elected to any civil office of profit under this State, which 
shall have been created, or the emoluments of which shall have 
been increased during the time such Senator or Representative 
was in office, except to such offices or appointments as may be 
filled by the elections of the people. 

Art. 29. No person, while he continues to exercise the funcr 
tions of a clergyman, priest, or teacher of any religious persua¬ 
sion, society or sect, shall be eligible to the General Assembly. 


19 


Art. 30. No person who at any time may have been a collect¬ 
or of taxes, or who may have been otherwise entrusted with pub¬ 
lic money, shall be eligible to the General Assembly, or to any 
office of profit or trust under the State Government, until he shall 
have obtained a discharge for the amount of such collections, and 
for all public moneys with which he may have been entrusted. 

Art. 31. No bill shall have the force of a law until on three 
several days, it be read over in each House of the General Assem¬ 
bly, and free discussion allowed thereon ; unless in case of urgen¬ 
cy, four-fifths of the House where the bill shall be pending, may 
deem it expedient to dispense with this rule. 

Art. 32. All'bills for raising revenue shall originate in the House 
of Representatives, but the Senate may propose amendments, as 
in other bills; provided they shall not introduce any new matter 
under color of an amendment, which does not relate to raising 
revenue. 

Art. 33. The General Assembly shall regulate by law by whom, 
and in what manner, writs of election shall be issued to fill the 
vacancies which may happen in either branch thereof. 

Art. 34. A majority of all the members elected to the Senate 
shall be required for the confirmation or rejection of officers to 
be appointed by the Governor, with the advice and consent 
of the Senate ; and the Senate, in deciding thereon, shall vote by 
yeas and nays, and the names of the Senators voting for and 
against the appointments respectively, shall be entered on a jour¬ 
nal to be kept for that purpose, and made public at the end of 
each session, or before. 

Art. 35. Returns of all elections for members of the General 
Assembly shall be made to the Secretary of State. 

Art. 36. A Treasurer of the State shall be elected biennially, 
by joint ballot of the two Houses of the General Assembly. The 
Governor shall have power to fill any vacancy that may happen 
in that office during the recess cf the Legislature. 

Art. 37. In the year in which a regular election for a Senator of 
the United States is to take place, the members of the General As¬ 
sembly shall meet in the Hall of the House of Representatives, 
on the Monday following the meeting of the Legislature, and pro¬ 
ceed to the said election. 

TITLE III. 

EXECUTIVE DEPARTMENT, 

Art. 38. The Supreme Executive power of the State shall be 
vested in a Chief Magistrate, who shall be styled the Governor of 
the State of Louisiana. He shall hold his office during the term 
of four years ; and together with the Lieutenant Governor chosen 
for the same term, be elected as follows :—The qualified electors 
for representatives, shall vote for a Governor and Lieutenant 
Governor, at the time and place of voting for representatives ; the 


*20 


returns of every election shall be sealed up and transmitted by the 
proper returning officer to the Secretary ol State, who shall de¬ 
liver them to the Speaker ol 1 lie House ol Representatives, on 
the second day of the session of the General Assembly, then next 
to be holden. The members of the General Assembly shall meet 
in the House of Representatives, to examine and count the votes. 
The person having the greatest number ol votes for Governor 
shall be declared duly elected, but if two or more persons shall be 
equal, and highest in the number of votes polled for Governor, 
one of them shall immediately be chosen Governor, by joint vote 
of the members of the General Assembly. The person having 
the greatest number of votes for Lieutenant Governor shall be 
Lieutenant Governor ; but if two or more persons shall be equal 
and highest in the number of votes polled for Lieutenant Governor, 
one of them shall be immediately chosen Lieutenant Governor by 
joint vote of the members of the General Assembly. 

Art. 39. No person shall.be eligible to the office ol Governor 
or Lieutenant Governor, who shall not have attained the age of 
thirty-five years, been fifteen years a citizen of the United States, 
and a resident within the State for the same space ot time next 
preceding his election. 

Art. 40. The Governor shall enter on the discharge of his duties 
on the fourth Mondav of January next ensuing his election, and 
shall continue in office until the Monday next succeeding the day 
that his successor shall be declared duly elected, and shall have 
taken the oath or affirmation prescribed by this Constitution. 

Art. 41. The Governor shall be ineligible for the succeeding 
four years after the expiration of the time for which he shall have 
been elected. 

Art. 42. No member of Congress or person holding any office 
under the United States, or minister of any religious society, shall 
be eligible to the office of Governor or Lieutenant Governor. 

Art. 43. In case of the impeachment of the Governor, his re¬ 
moval from office, death, refusal or inability to qualify, resignation 
or absence from the State, the powers and duties of the office shall 
devolve upon the Lieutenant Governor for the residue of the term, 
or until the Governor, absent or impeached, shall return or be 
acquitted. The Legislature may provide by law for the case of 
removal, impeachment, death, resignation, disability, or refusal to 
qualify, of both the Governor and Lieutenant Governor, declaring 
what officer shall act as Governor ; and such officer shall act 
accordingly, until the disability be removed, or for the residue of 
the term. 

Art. 44. The Lieutenant Governor, or other officer discharging 
the duties of Governor, shall, during his administration, receive 
the same compensation to which the Governor would have been 
entitled, had he continued in office. 

Art. 45. The Lieutenant Governor shall, by virtue of hs office. 


21 


}>e President of the Senate, but shall have only a casting vote 
therein. Whenever he shall administer the government, or shall 
be unable to attend as President of the Senate, the senators shall 
elect one of their own members as President of the Senate for the 
time being. 

Art. 46. While he acts as President of the Senate, the Lieu¬ 
tenant Governor shall receive for his services the same compen¬ 
sation which shall for the same period be allowed to the Speaker 
of the House of Representatives, and no more. 

Art. 47. The Governor shall have power to grant reprieves for 
all offences against the State, and except in cases of impeachment, 
shall, with the consent of the Senate, have power to grant pardons 
and remit fines and forfeitures, after conviction. In cases of trea¬ 
son he may grant reprieves, until the end of the next session of the 
General Assembly, in which the power of pardoning shall be 
vested. 

Art. 48. The Governor shall at stated times receive for his 
services a compensation, which shall neither be increased nor 
diminished during the term for which he shall have been elected. 

Art. 49. He shall be Commander-in-Chief of the Army and 
Navy of this State and of the Militia thereof, except when they 
shall be called into the service of the United States. 

Art. 50. He shall nominate and by and with the advice and 
consent of the Senate, appoint all officers whose offices are esta¬ 
blished by this Constitution, and whose appointment is not therein 
otherwise provided for: Provided , however, that the Legislature 
shall have a right to prescribe the mode of appointment to all other 
offices established by law. 

Art. 51. The Governor shall have power to till vacancies that 
may happen during the recess of the Senate, by granting commis¬ 
sions which shall expire at the end of the next session, unless other¬ 
wise provided for in thi° Constitution ; but no person who has been 
nominated for office, and rejected by the Senate, shall be appoint¬ 
ed to the same office during the recess of the Senate. 

Art. 52. He may require information in writing from the offi¬ 
cers in the Executive Department, upon any subject relating to the 
duties of their respective offices. 

Art. 53. He shall, from time to time, give to the General As¬ 
sembly information respecting the situation of the State, and re¬ 
commend to their consideration such measures as he may deem 
expedient. 

Art. 54. He may on extraordinary occasions convene the Gene¬ 
ral Assembly at the seat of Government, or at a different place if 
that should have become dangerous from an enemy or from epide¬ 
mic ; and in case of disagreement between the two houses as to 
the time of adjournment, he may adjourn them to such time as he 
may think proper, not exceeding four months. 

Art. 55. He shall take care that the laws be faithfully executed. 


Aut. 56. Every bill which shall have passed both Houses shall 
be presented to the Governor; if he approve he shall sign it, if not, 
he shall return it with his objections to the House in which it ori¬ 
ginated, which shall enter the objections at large upon its journal, 
and proceed to reconsider it: if after such reconsideration two- 
thirds of all the members elected to that house shall agree to pass 
the bill, it shall be sent, with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by two- 
thirds of all the members elected to that House, it shall be a law ; 
but in such cases the vote of both Houses shall be determined by 
yeas and nays, and the names of the members voting for and 
against the bill, shall be entered on the journal of each House re¬ 
spectively. If any bill shall not be returned by the Governor 
within ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, it shall be a law in like manner as if he had signed 
it, unless the General Assembly, by adjournment, prevent its re¬ 
turn ; in which case it shall be a law, unless sent back within three 
days after their next meeting. 

Art. 57. Every order, resolution or vote, to which the concur¬ 
rence of both Houses may be necessary, except on a question of 
adjournment, shall be presented to the Governor, and before it shall 
take effect, be approved by him, or being disapproved, shall be re¬ 
passed by two-thirds of the members elected to each House of the 
General Assembly. 

Art. 58. There shall be a Secretary of State, who shall hold 
his office during the time for which the Governor shall have been 
elected. The records of the State shall be kept and preserved in 
the office of the Secretary ; he shall keep a fair register of the 
official acts and proceedings of the Governor, and when necessary 
shall attest them. He shall when required, lay the said register, 
and all papers, minutes and vouchers relative to his office, before 
either House of the General Assembly, and shall perform such 
other duties as may be enjoined on him by law. 

Art. 59. All commissions shall be in the name and by the au¬ 
thority of the State of Louisiana, and shall be sealed with the 
State seal and signed by the Governor. 

Art. 60. The free white men of the State shall be armed and 
disciplined for its defence : but those who belong to religious socie¬ 
ties whose tenets forbid them to carry arms, shall not be compelled 
so to do, but shall pay an equivalent for personal services. 

Art. 61. The Militia of the State shall be organized in such 
manner as may be hereafter deemed most expedient by the Legis¬ 
lature. 

TITLE IV. 

JUDICIARY DEPARTMENT. 

Art. 62. The Judicial power shall be vested in a Supreme 
Court, in District Courts, and in Justices of the Peace. 

Art. 63. The Supreme Court, except in cnses hereinafter pro- 


vided, shall have appellate jurisdiction only, which jurisdiction 
shall extend to all cases when the matter in dispute shall exceed 
three hundred dollars, and to all cases in which the constitutional¬ 
ity or legality of any tax, toll or impost, of any kind or nature 
soever, shall be in contestation, whatever may be the amount 
thereof; and likewise to all fines, forfeitures, and penalties impo¬ 
sed by municipal corporations, and in criminal cases on questions 
of law alone, whenever the punishment of death or hard labor 
may be inflicted, or when a fine exceeding three hundred dollars 
is actually imposed. 

Art. 64. The Supreme Court shall be composed of one Chief 
Justice, and of three Associate Justices, a majority of whom shall 
constitute a quorum. The Chief Justice shall receive a salary of 
six thousand dollars, and each of the Associate Judges a salary of 
five thousand five hundred dollars annually. The court shall ap¬ 
point its own clerks. The judges shall be appointed for the term 
of eight years. 

Art. 65. When the first appointments are made under this Con¬ 
stitution, the Chief Justice shall be appointed for eight years, one 
of the Associate Judges for six years, one for four years, and one 
for two years; and in the event of the death, resignation or re¬ 
moval of any of said judges before the expiration of the period 
for which he was appointed, his successor shall be appointed only 
for the remainder of his term; so that the term of service of no 
two of said judges shall expire at the same time. 

Art. 66. The Supreme Court shall hold its sessions in New Or¬ 
leans from the first Monday of the month of November to the end 
of the month of June, inclusive. The Legislature shall have pow¬ 
er to fix the sessions elsewhere during the rest of the year; until 
otherwise provided, the sessions shall be held as heretofore. 

Art. 67. The Supreme Court and each of the judges thereof, 
shall have power to issue writs of habeas corpus , at the instance 
of all persons in actual custody under process, in all cases in which 
they may have appellate jurisdiction. 

Art. 68. In all cases in which the judges shall be equally divi¬ 
ded in opinion, the judgment appealed from shall stand affirmed ; 
in which case each of the judges shall give his separate opinions 
in writing. 

Art. 69. All judges, by virtue of their office, shall be conserva¬ 
tors of the peace throughout the State. The style of all process 
shall be “ The State of Louisiana.” All prosecutions shall be car¬ 
ried on in the name and by the authority of the State of Louisi¬ 
ana, and conclude against the peace and dignity of the same. 

Art. 70. The judges of all the courts within this State shall, as 
often as it may be possible so to do, in every definitive judgment, re¬ 
fer to the particular law in virtue of which such judgment may be 
rendered, and in all cases adduce the reasons on which their judg¬ 
ment is founded. 


Art. 71. No court or judge shall make any allowance by way 
of fee or compensation in any suit or proceedings, except for the 
payment of such fees to ministerial officers as may be established 
by law. 

Art. 72. No duties or functions shall ever be attached by law 
to the Supreme or District Courts, or to the several judges thereof, 
but such as are judicial; and the said judges are prohibited from 
receiving any fees of office or other compensation than their sala¬ 
ries for any civil duties performed by them. 

Art. 73. The judges of all courts shall be liable to impeach¬ 
ment ; but for any reasonable cause, which shall not be sufficient 
ground for impeachment, the Governor shall remove any of them, 
on the address of three-fourths of the members present of each 
House of the General Assembly. In every such case the cause 
or causes for which such removal may be required, shall be stated 
at length in the address and inserted in the journal of each House. 

Art. 74. There shall be an Attorney General for the State, and 
as many District Attorneys as may be hereafter found necessary. 
They shall hold their offices for two years; their duties shall be 
determined by law. 

Art. 75. The first Legislature assembled under this Constitution 
shall divide the State into judicial districts, which shall remain un¬ 
changed for six years, and be subject to reorganization every sixth 
year thereafter. 

The number of districts shall not be less than twelve, nor more 
than twenty. 

For each district one judge, learned in the law, shall be appointed, 
except in the districts in which the cities of New Orleans and La¬ 
fayette are situated, in which the Legislature may establish as 
many District Courts as the public interest may require. 

Art. 76. Each of the said judges shall receive a salary to be 
fixed by law, which shall not be increased or diminished during 
his term of office, and shall never be less than two thousand live hun¬ 
dred dollars annually. He must be a citizen of the United States, 
over the age of thirty years, and have resided in the State for six 
years next preceding his appointment, and have practiced law 
therein for the space of five years. 

Art. 77. The Judges of the District Courts shall hold their of¬ 
fices for the term of six years. The Judges first appointed shall 
be divided by lot into three classes, as nearly equal as can be, and 
the term of office of the Judges of the first class shall expire at 
the end of two years, of the second class at the end of four years, 
and of the third class at the end of six years. 

Art. 78. The District Courts shall have original jurisdiction in 
all civil cases, when the amount in dispute exceeds fifty dollars, 
exclusive of interest. In all criminal cases, and in all matters con¬ 
nected with successions, their jurisdiction shall be unlimited. 

Art. 70. The Legislature shall have power to vest in clerks of 


courts authority to grant such orders, and do such acts as may be 
deemed necessary for the furtherance of the administration of jus¬ 
tice, and in all cases the powers thus granted shall be specified and 
determined. 

Art. 80. The clerks of the several courts shall be removable 
for breach of good behavior by the judges thereof; subject in all 
cases to an appeal to the Supreme Court. 

Art. 81. The jurisdiction of Justices of the Peace shall never 
exceed, in civil cases, the sum of one hundred dollars, exclusive 
ot interest, subject to appeal to the District Court in such cases as 
shall be provided for by law. They shall be elected by the quali¬ 
fied voters of each parish for the term of two years, and shall have 
such criminal jurisdiction as shall be provided for by law. 

Art. 82. Clerks of the District Courts in this State shall be 
elected by the qualified electors in each parish, for the term of four 
years, and should a vacancy occur subsequent to an election, it shall 
be filled by the judge of the court in which such vacancy exists, 
and the person so appointed shall hold his office until the next 
general election. 

Art. 83. A Sheriff and a Coroner shall be elected in each par¬ 
ish, by the qualified voters thereof, who shall hold their offices for 
the term of two years, unless sooner removed. 

Should a vacancy occur in cither of these offices subsequent to 
an election, it shall be filled by the Governor; and the person so 
appointed shall continue in office until his successor shall be elect¬ 
ed and qualified. 

TITLE V. 

IMPEACHMENT. 

Art. 84. The power of impeachment shall be vested in the 
House of Representatives. 

Art. 85. Impeachments of the Governor, Lieutenant-Governor, 
Attorney General, Secretary of State, State Treasurer, and of 
the Judges of the District Courts, shall be tried by the Senate; 
the Chief Justice of the Supreme Court, or the senior Judge 
thereof, shall preside during the trial of such impeachment. Im¬ 
peachments of the Judges of the Supreme Court shall be tried by 
the Senate. When sitting as a Court of Impeachment, the Sena¬ 
tors shall be upon oath or affirmation, and no person shall be con¬ 
victed without the concurrence of two-thirds of the Senators 
present. 

Art. 86. Judgments in cases of impeachment shall extend only 
to removal from office and disqualification from holding any office 
of honor, trust or profit under this State ; but the parties con¬ 
victed shall, nevertheles, be subject to indictment, trial and punish¬ 
ment according to law. 

Art. 87. All officers against whom articles of impeachment 
may be preferred shall be suspended from the exercise of their 

4 


26 


functions during the pendency of such impeachment; the appoint¬ 
ing power may make a provisional appointment to replace any 
suspended officer until the decision on the impeachment. 

Art. 88. The Legislature shall provide by law for the trial, 
punishment, and removal from office of all other officers of the 
State, by indictment or otherwise. 

TITLE VI. 

GENERAL PROVISIONS. 

Art. 89. Members of the General Assembly, and all officers, 
before they enter upon the duties of their offices, shall take the fol¬ 
lowing oath or affirmation: 

“I, (A. B.) do solemnly swear (or affirm,) that I will faithfully 
and impartially discharge and perform all the duties incumbent on 
me as-, according to the best of my abilities and understand¬ 

ing, agreeably to the Constitution and laws of the United States, 
and of this State; and I do further solemnly swear (or affirm,) 
that, since the adoption of the present Constitution, I, being a citi¬ 
zen of this State, have not fought a duel with deadly weapons 
within this State, nor out of it, with a citizen of this State, nor 
have I sent or accepted a challenge to fight a duel with deadly 
weapons with a citizen of this State, nor have I acted as second 
in carrying a challenge, or aided, advised or assisted any person 
thus offending, so help me God.” 

Art. 90. Treason against the State shall consist only in levying; 
war against it, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or his own con¬ 
fession in open court. 

Art. 91. Every person shall be disqualified from holding any 
office of trust or profit in this State, who shall have been convict¬ 
ed of having g.ven, or offered a bribe to procure his election or ap¬ 
pointment. 

Art. 92. Laws shall be made to exclude from office, and from 
the right of suffrage, those who shall hereafter be convicted of 
bribery, perjury, forgery, or other high crimes or misdemeanors. 
The privilege of free suffrage shall be supported by laws regula¬ 
ting elections, and prohibiting under adequate penalties, all undue 
influence thereon, from power, bribery, tumult or other improper 
practice. 

Art. 93. No money shall be drawn from the treasury but in 
pursuance of specific appropriations made by law, nor shall any 
appropriation of money be made for a longer term than two years. 
A regular statement and account of the receipts and expenditures 
of all public moneys shall be published annually, in such manner 
as shall be prescribed by law. 

Art. 94. It shall be the duty of the General Assembly to pass 
such laws as may be proper and necessary to decide differences by 
arbitration, 



Art. 95, All civil officers for the State at large shall reside 
within the State, and all district or parish officers within their dis¬ 
tricts or parishes, and shall keep their offices at such places therein 
as may be required by law. And no person shall be elected or 
appointed to any parish office who shall not have resided in such 
parish long enough before such election or appointment to have 
acquired the right of voting in such parish; and no person shall 
be elected or appointed to any district office, who shall not have 
resided in such district, or an adjoining district, long enough be¬ 
fore such appointment, or election, to have acquired the right, of 
voting for the same. 

Art. 9b. The duration of all offices not fixed by this Constitu¬ 
tion shall never exceed four years. 

Art. 97. All civil officers, except the Governor and Judges of 
the Supreme and District Courts, shall be removable by an address 
of a majority of the members of both Houses, except those the 
removal of whom has been otherwise provided for by this Con¬ 
stitution. 

Art. 98. Absence on the business of this State or of the United 
States, shall not forfeit a residence once obtained, so as to deprive 
any one of the right of suffrage, or of being elected or appointed 
to any office under the exceptions contained in this Constitution. 

Art. 99. It shall be the duty of the Legislature to provide by 
law for deductions from the salaries of public officers who may 
be guilty of a neglect of duty. 

Art. 100. The Legislature shall point out the manner in which 
a person comining into the State shall declare his residence. 

Akt. 101. in all elections by the people the vote shall be by 
ballot, and in all elections by the Senate and House of Represent¬ 
atives, jointly or separately, the vote shall be given viva voce. 

Art. 102. No member of Congress, nor person holding or ex¬ 
ercising any office of trust or profit under the 1 nited States, or 
either of them, or under any foreign power, shall be eligible as a 
member of the General Assembly, or hold or exercise any office 
of trust or profit under the State. 

Art. 103. The laws, public records, and the judicial and legisla¬ 
tive written proceedings of the State, shall be promulgated, pre¬ 
served and conducted in the language in which the Constitution of 
the United States is written. 

Art. 104. The Secretary of the Senate, and Clerk of the House 
of Representatives shall be conversant with the French and Eng¬ 
lish languages, and members may address either House in the 
French or English language. 

Art. 105. The General Assembly shall direct by law how per¬ 
sons who are now, or may hereafter become sureties for public 
officers, may be discharged from such suretyship. 

Art. 106. No power of suspending the laws of this State shall 
be exercised, unless by the Legislature or by its authority. 


Art. 107. Prosecutions shall be by indictment, or information. 
The accused shall have a speedy public trial by an impartial jury 
of the vicinage: he shall not be compelled to give evidence 
against himself: he shall have the right of being heard by himself 
or counsel: he shall have the right, unless he shall have fled from 
justice, of meeting the witnesses face to face, and shall have com¬ 
pulsory process for obtaining witnesses in his favor. 

Art. 108. All prisoners shall be bailable by sufficient sureties, 
unless for capital offences, where the proof is evident, or presump¬ 
tion great; and the privilege of the writ of habeas corpus shall 
not be suspended, unless when in case of rebellion or invasion, the 
public safety may require it. 

Art. 109. No ex post facto law, nor any law impairing the 
obligation of contracts, shall be passed, nor vested rights be di¬ 
vested, unless for purposes of public utility, and for adequate com¬ 
pensation previously made. 

Art. 110. The press shall be free. Every citizen may freely 
speak, write and publish his sentiments on all subjects; being re¬ 
sponsible for an abuse of this liberty. 

Art. 111 . Emigration from the State shall not be prohibited. 

Art. 112. The General Assembly which shall meet after the 
first election of Representatives under this Constitution, shall, 
within the first month after the commencement of the session, de¬ 
signate and fix the seat of governmeut at some place not less than 
sixty miles from the city of New Orleans, by the nearest travelling 
route, and if on the Mississippi river, by the meanders of the 
same ; and when so fixed, it shall not be removed without the 
consent of four-fifths of the members of both Houses of the Gen¬ 
eral Assembly. The sessions shall be held in New Orleans until 
the end of the year 1848. 

Art. 113. The Legislature shall not pledge the faith of the 
State for the payment of any bonds, bills, or other contracts or 
obligations for the benefit or use of any person or persons, corpo¬ 
ration, or body politic whatever. But the State shall have the 
right to issue new bonds in payment of its outstanding obligations 
or liabilities, whether due or not: the said new bonds, however, 
are not to be issued for a larger amount, or at a higher rate of in¬ 
terest, than the original obligations they are intened to replace. 

Art. 114. The aggregate amount cf debts hereafter contract¬ 
ed by the Legislature, shall never exceed the sum of one hundred 
thousand dollars, except in the case of war, to repel invasions or 
suppress insurrections, unless the same be authorised by some 
law, for some single object or work, to be distinctly specified 
therein; which law shall provide ways and means, by taxation, 
for the payment of running interest during the whole time for 
which said debt shall be contracted, and for the full and punctual 
discharge at maturity of the capital borrowed ; and said law shall 
be irrepealable until principal and interest are fully paid and dis- 


charged, and shall not. be put into execution until after its enact¬ 
ment bv the hrst Legislature returned bv a general election alter 
its passage. 

Art. 115. The Legislature shall provide by law for a change 
of venue in civil and criminal cases. 

xVrt. 116. No lottery shall be authorised by this State, and the 
buying or selling of lottery tickets within the State is prohibited. 

Art. 117. No divorce shall be granted by the Legislature. 

Art. 118. Every law enacted by the Legislature shall embrace 
but one object, and that shall be expressed in the title. 

Art. 119. No law shall be revised or amended by reference to 
its title ; but in such case, the act revised, or section amended, shall 
be re-enacted and published at length. 

Art. 120. The Legislature shall never adopt any system or 
code of laws by general reference to such system or code of laws, 
but in all cases shall specify the several provisions of the laws it 
may enact. 

Art. 121. The State shall not become subscriber to the stock 
of any corporation or joint stock company. 

Art. 122. No corporate body shall be hereafter created, re¬ 
newed or extended, with banking or discounting privileges. 

Art. 123. Corporations shall not be created in this State by 
special laws, except for political or municipal purposes, but the 
Legislature shall provide, by general laws, for the organization of 
all other corporations, except corporations with banking or dis¬ 
counting privileges, the creation of which is prohibited. 

Art. 124. From and after the month of January, 1890, the 
Legislature shall have the power to revoke the charters of all cor¬ 
porations whose charters shall not have expired previous to that 
time, and no corporations hereafter to be created shall ever en¬ 
dure for a longer term than twenty-five years, except those which 
are political or municipal. 

Art. 125. The General Assembly shall never grant any exclu¬ 
sive privilege or monopoly, for a longer period than twenty years. 

Art. 126. No person shall hold or exercise, at the same time, 
more than one civil office of emolument, except that of Justice of 
the Peace. 

Art. 127. Taxation shall be equal and uniform throughout the 
State. After the year 1848, all property on which taxes may be 
levied in this State, shall be taxed in proportion to its value, to be 
ascertained as directed by law. No one species of property 
shall be taxed higher than another species of property of equal 
value, on which taxes shall be levied; the Legislature shall have 
power to levy an income tax, and to tax all persons pursuing any 
occupation, trade or profession. 

Art. 128. The citizens of the city of New Orleans shall have 
the right of appointing the several public officers necessary for 
the administration of the police of the said city, pursuant to the 


mode of elections which shall be prescribed by the Legislature; 
provided, that the Mayor and Recorders shall be ineligible to a seat 
in the General Assembly; and the Mayor, Recorders and Aider- 
men shall be commissioned by the Governor as Justices of the 
Peace, and the Legislature may vest in them such criminal juris¬ 
diction as may be necessary for the punishment of minor crimes 
and offences, and as the police and good order of said city may 
require. 

Art. 129. The Legislature may provide by law in what cases 
officers shall continue to perform the duties of their offices until 
their successors shall have been inducted into office. 

Art. 130. Any citizen of this State who shall, after the adoption 
of this Constitution, fight a duel with deadly weapons, with a citi¬ 
zen of this State, or send or accept a challenge to fight a duel with 
deadly weapons, either within this State or out of it with a citizen 
of this State, or who shall act as second, or knowingly aid and assist 
in any manner, those thus offending, shall be deprived of holding 
any office of profit, and of enjoying the right of suffrage under 
this Constitution. 

Art. 131. The Legislature shall have power to extend this Con¬ 
stitution. and the jurisdiction of this State over any territory ac¬ 
quired by compact with any State, or with the United States, the 
same being done by the consent of the United States. 

Art. 132. The Constitution and laws of this State shall be pro¬ 
mulgated in the English and French languages. 

TITLE VII. 

PUBLIC EDUCATION. 

Art. 133. There shall be appointed a Superintendent of Public 
Education, who shall hold his office for two years. His duties 
shall be prescribed by law. He shall receive such compensation 
as the Legislature may direct. 

Art. 134. The Legislature shall establish free Public Schools 
throughout the State, and shall provide means for their support by 
taxation on property, or otherwise. 

Art. 135. The proceeds of all lands heretofore granted by the 
United States to this State for the use or support of schools, and of 
all lands which may hereafter be granted or bequeathed to the 
State, and not expressly granted or bequeathed for any other pur¬ 
pose, which hereafter may be disposed of by the State, and the 
proceeds of ihe estates of deceased persons to which the State 
may beceme entitled by law, shall be held by the State as a loan# 
and shall be and remain a perpetual fund, on which the State shall 
pay an annual interest of six per cent.; which interest, together 
with all the rents of the unsold lands, shall be appropriated to the 
support of such schools, and this appropriation shall remain 'n- 
violable. 

Art. 136. All moneys arising from the sales which have been 


or may hereafter be made ol any lands heretofore granted by the 
United States to this State, for the use of a seminary of learning, 
and from any kind of donation that may hereafter be made for 
that purpose shall be and remain a perpetual fund, the interest of 
which at six per cent, per annum, shall be appropriated to the 
support of a seminary of learning for the promotion of literature 
and the arts and sciences, and no law shall ever be made diverting 
said fund to any other use than to the establishment and improve¬ 
ment of said seminary of learning. 

Art. 137. An university shall be established in the city of New 
Orleans. It shall be composed of four faculties, to-wit: one of 
law, one of medicine, one of the natural sciences, and one of letters. 

Art. 138. It shall be called the “University of Louisiana,” and 
the Medical College of Louisiana, as at present organised shall 
constitute the faculty of medicine. 

Art. 139. The Legislature shall provide by law, for its further 
organization and government, but shall be under no obligation to 
contribute to the establishment or support of said University by 
appropriations. 

TITLE Ylir. 

MODE OF REVISING THE CONSTITUTION. 

Art. 140. Any amendment or amendments to this Constitution 
may be proposed in the Senate or House of Representatives, and 
if the same shall be agreed to by three-fifths of the members 
elected to each house, and approved by the Governor, such pro¬ 
posed amendment or amendments shall be entered on their journals, 
with the yeas and nays taken thereon, and the Secretary of State 
shall cause the same to be published, three months before the next 
general election, in at least one newspaper in French and English, 
in every parish in the State, in which a newspaper shall be pu¬ 
blished ; and if in the Legislature next afterwards chosen, such 
proposed amendment or amendments shall be agreed to by a 
majority of the members elected to each house, the Secretary of State 
shall cause the same again to be published in the manner aforesaid, 
at least three months previous to the next general election for 
representatives to the State Legislature, and such proposed 
amendment or amendments shall be submitted to the people at 
said election; and if a majority of the qualified electors shall 
approve and ratify such amendment or amendments, the same 
shall become a part of the Constitution: If more than one amend¬ 
ment be submitted at a time, they shall be submitted in such 
manner and form that the people may vote for or against each 
amendment separately. 

TITLE IX. 

SCHEDULE. 

Art. 141. The Constitution adopted in eighteen hundred and 
twelve, is declared to be superseded by this Constitution, and in 


order to carry the same into effect, it. is hereby declared and 
Ordained as follows : 

Art. 142> All rights, actions, prosecutions, claims and contracts, 
as well as of individuals as of bodies corporate, and all laws in 
force at the time of the adoption of this Constitution, and not in¬ 
consistent. therewith, shall continue as if the same had not been 
adopted. 

Art 148. Until the first enumeration shall be made as directed 
in Article eighth of this Constitution, the parish of Orleans shall 
have twenty representatives, to be elected as follows, viz: 

Eight by the First Municipality, seven by the Second Munici¬ 
pality, and four by the Third Municipality, to be distributed among 
the nine representative districts, as follows, by allotting to the 

First District,. ....... two 

Second “ .-. two 

'Third, “ .*. three 

Fourth, “ .*. .... three 

Fifth, “ three 

Sixth, “ . two 

Seventh, “ . two 

Eighth, “ . one 

Ninth, “ . one 

And to that part of the parish on the right bank 

of the Mississippi,... one 

The Parish of Plaquemines shall have.three 

“ St. Bernard,. one 

44 Jefferson,. three 

“ St. Charles,. one 

“ St. John the Baptist,. one 

“ St. James,... two 

“ Ascension,. ..... two 

“ Assumption,. three 

“ Lafourche Interior,. three 

“ Terrebonne,. two 

“ Iberville,... two 

“ West Baton Rouge,. one 

“ East Baton Rouge,. three 

*• West Feliciana,. two 

“ East Feliciana,. three 

“ St. Helena,..... one 

“ Washington,. one 

u Livingston,. one 

“ St. Tammany,... one 

** Pointe Coupee.... one 

“ Concordia... one 

“ Tensas,. one 

“ Madison,. one 

“ Carroll. one 




































33 


The Parish of 

Franklin,. 


. one 

u 

St. Marv,. 


. two 

44 

St. Martin. 


. three 

44 

Vermillion,. 


. one 

44 

Lafayette. 


. two 

u 

St. Landry,. 


. five 

u 

Calcasieu,. 


. one 

u 

Avoyells,. 


. two 

44 

Rapides. 


. three 

44 

Natchitoches,. 


. three 

<4 

Sabine,. 


. two 

44 

Caddo,. 


. one 

u 

De Soto,. 


. one 

u 

Ouachita. 


. one 

*i 

Morehouse,. 


. one 

44 

Union,. 


. one 

44 

Jackson, . 


. one 

44 

Caldwell,. 


. one 

44 

Catahoula. 


. two 

44 

Claiborne,. 


. two 

44 

Bossier,.. 

Total,. 


. one 



•eight. 

And the State shall be divided into the 
districts. 

following 

Senatorial 


All that portion of the parish of Orleans lying on the east side 
of the Mississippi river, shall compose one senatorial district and 
shall elect four senators : 

The parishes of Plaquemines, St. Bernard, and that part of the 
parish of Orleans on the right bank of the river, shall compose one 
district, with one senator: 

The parish of Jefferson shall compose one district, with one 
senator : 

The parishes of St. Charles and St. John the Baptist shall com¬ 
pose one district, with one senator: 

The parish of St. James shall compose one district, with one 
senator: 

The parish of Ascension shall compose one district, with one 
senator : 

The parishes of Assumption, Lafourche Interior and Terrebonne, 
shall compose one district, with two senators: 

The parishes of Iberville and West Baton Rouge shall compose 
one district, with one senator : 

The parish of East Baton Rouge shall compose one district, 
with one senator: 

The parish of Point Coupee shall compose one district, with 
one senator: 

The parish of Avoyells shall compose one district, with mi* 
senator: 

5 
























:i4 


The parish of St. Mary shall compose one district, with one 
senator: 

The parish of St. Martin shall compose one district, with one 
senator: 

The parishes of Lafayette and Vermillion shall compose one 
district, with one senator : 

The parishes of St. Landry and Calcasieu shall compose one 
district, with two senators : 

The parish of West Feliciana shall compose one district, with 
one senator : 

The parish of East Feliciana shall compose one district, with 
one senator: 

The parishes of St. Helena and Livingston shall compose one 
district, with one senator: 

The parishes of Washington and St. Tammany shall compose 
one district, with one senator : 

The parishes of Concordia and Tensas shalj compose one dis¬ 
trict, with one senator: 

The parishes of Carroll and Madison shall compose one district, 
with one senator: 

The parishes of Jackson, Union, Morehouse and Ouachita shall 
compose one district, with one senator : 

The parishes of Caldwell, Franklin and Catahoula shall compose 
one district, with one senator: 

The parish of Rapides shall compose one district, with one sen- 
nator : 

The parishes of Bossier and Claiborne shall compose one district, 
with one senator: 

The parish of Natchitoches shall compose one district, with one 
senator: 

The parishes of Sabine, De Soto and Caddo, shall compose one 
district, with one senator : 

Art. 144. In order that no inconvenience may result to the pub¬ 
lic service from the taking effect of this Constitution, no office shall 
be superceded thereby, but the laws of the State relative to the 
duties of the several officers, Executive, Judicial and Military, 
shall remain in full force, though the same be contrary to this Con¬ 
stitution, and the several duties shall be performed by the respective 
officers of the State, according to the existing laws, until the or¬ 
ganization of the Government under this Constitution, and the en¬ 
tering into office of the new officers, to be appointed under said 
Government, and no longer. 

Art. 145. Appointments to office by the Executive under this 
Constitution, shall be made by the Governor to be elected under 
its authority. 

Art. 146. The provisions of article 28, concerning the inability 
of members of the Legislature to hold certain offices therein men¬ 
tioned, shall not be held to apply to the members of the first Legis¬ 
lature elected under this Constitution. 


Art. 147. The time of service of all officers chosen by the peo¬ 
ple, at the first election under this Constitution, shall terminate as 
though the election had been holden on the first Monday of No¬ 
vember, 1845, and they had entered on the discharge of their du¬ 
ties at the time designated therein. 

Art. 148. The Legislature shall provide for the removal of all 
causes now pending in the Supreme or other Courts of the State 
under the Constitution of 1812, to Courts created by this Consti¬ 
tution. 

Art. 149. Appeals to the Supreme Court from the parishes of 
Jackson, Union, Morehouse, Catahoula, Caldwell, Ouachita, Frank¬ 
lin, Carroll, Madison, Tensas and Concordia, shall, until otherwise 
provided for, be returnable to New Orleans. 

TITLE X. 

ORDINANCE. 

Art. 150. Immediately after the adjournment of the Convention, 
the Governor shall issue his Proclamation, directing the several 

officers of this State, authorized by law to hold elections for mem- 

•> 

bers of the General Assembly, to open and hold a poll in every 
parish of the State at the places designated by law, upon the first 
Monday of November next, for the purpose of taking the sense of 
the good people of this State in regard to the adoption or rejection 
of this Constitution ; and it shall be the duty of the said officers to 
receive the votes of all persons entitled to vote under the old Con¬ 
stitution, and under this Constitution. Each voter shall express 
his opinion by depositing in the ballot box a ticket whereon shall 
be written “the Constitution accepted,” or “the Constitution re¬ 
jected,” or some such words as will distinctly convey the intention 
of the voter. At the conclusion of the said election, which shall 
be conducted in every respect as the general State election is now 
conducted, the parish Judges and Commissioners designated to 
preside over the same, shall carefully examine and count each bal¬ 
lot so deposited, and shall forthwith make due returns thereof to 
the Secretary of State, in conformity to the provisions of the ex¬ 
isting law upon the subject of elections. 

Art. 151. Upon the receipt of the said returns, or on the first 
Monday of December, if the returns be not sooner received, it 
shall be the duty of the Governor, the Secretary of State, the 
Attorney General, and the State Treasurer, in the presence of all 
such persons as may choose to attend, to compare the votes given 
at the said poll, for the ratification and rejection of this Constitu¬ 
tion, and if it shall appear from said returns that a majority of all 
the votes given are for ratifying this Constitution, then it shall be the 
duty of the Governor to make Proclamation of that fact, and 
thenceforth this Constitution shall be ordained and established as 
the Constitution of the State of Louisiana. But whether this 
Constitution be accepted or rejected, it shall be the duty of the 
Governor to cause to be published in the State paper the result of 


36 


the polls, showing the number of votes east in each parish for and 
against the said Constitution. 

Art. 152. Should this Constitution be accepted by the people, 
it shall also be the duty of the Governor forthwith to issue his 
proclamation, declaring the present Legislature, elected under the 
old Constitution to be dissolved, and directing the several officers 
of the State, authorized by law to hold elections for members of 
the General Assembly, to hold an election at the places designated 
by law, upon the third Monday in January next, (1846) for Gov¬ 
ernor, Lieutenant-Governor, members of the General Assembly, 
and all other officers whose election is provided for pursuant to 
the provisions of this Constitution. And the said election shall be 
conducted, and the returns thereof made, in conformity with the 
existing laws upon the subject of State elections. 

Art. 153. The General Assembly elected under this Constitu¬ 
tion shall convene at the State House, in the city of New Orleans, 
upon the second Monday of February next (1846) after the elec¬ 
tions ; and that the Governor and Lieutenant-Governor, elected 
at the same time, shall be duly installed in office during the first 
week of their session, and before it shall be competent for the 
said General Assembly to proceed with the transaction of busi¬ 
ness. 


JOSEPH WALKER, 
President of the Convention . 

HORATIO DAVIS, 
Secretary of the Convention . 


4 


Attest: 


i N I) E X . 




ASSEMBLY, GENERAL 


ARTICLE- 


how formed ... . 3 

to meet biennially ....... 5 

the first, when to meet . . . . . .153 

a quorum, in what to consist ...... SO 

each house to be the judge of the election, qualifications, <Scc., of its 

members . . . . . . 21 

to determine the rules of its proceedings, punish and expel 

members . .... 2.2 

to keep and publish a journal of its proceedings, and when 

the yeas and nays shall be entered thereupon . . 23 

may punish lobby members, .... 24 

neither house to adjourn without the consent of the other, for more than 

three days, or to any other place .... 25 

members of, their compensation, &c. .... 26 

no session, after the first, to last more than sixty days . . 26 

members of, when privileged from arrest .... 27 

ineligible to certain offices .... 28 

(the first Assembly excepted) .... 146 

clergymen ineligible to the ...... 29 

collectors of taxes, when ineligible to the .... 30 

how to make appropriations ...... 93 

to pass laws of arbitration ..... .94 

may regulate the manner of filling vacancies . . . 33 

not to grant monopolies for more than twenty years . . . 125 

power of the, to levy an income tax, and a tax on profeasions, trades, <5cc. 127 

to grant no divorce . . . . . . . 117 

how it shall make, amend, and adopt laws . . 118/119, 120 

not to contract debts over $100,000, and with what exception . 114 

to vote viva voce . . . , . . . 101 

not to prohibit emigration . . . . . . Ill 

persons ineligible to membership of . . . 102 

to make laws changing venue . . . . . 115 

to provide for the removal of court causes .... 148 

members of, may speak in French or English . . . 104 

power of to revoke charters after 1890 .... 124 

to provide for the succession of officers . . . . 129 

to direot how sureties of public officers may be discharged . . 105 

has sole power to suspend the laws . . . . . 106 

to point out the method of declaring residence . . . 100 


[Vide Titles, Bonds, Bills, Districts, Corporations, Impeachments, 
Courts, Judges, Militia, House of Representatives, Senate , 
Education — passim.] 

ATTORNEY GENERAL AND DISTRICT ATTORNIES, 


to hold their offices two years ..... 74 

BILLS 

when to have the effect of law . . . . . 31 

for raising revenue shall originate in the House of Representatives . 32 

BRIBES, 

the offering of to disqualify from holding office . . . 91 

BONDS, 

the State never to be pledged for the payment of any . . 113 

CONSTITUTION, 

the new, established by the people, .... 1 

the Legislature to extend it over new territory hereafter acqiured, . 131 

to be promulgated in French and English, .... 132 








11 


1 N I) E X . 


CONSTITUTION, article. 

Vnode of revising it, . . . . • • • 140 

of 1812, superceded by this, ..... 141 

not to impair any right of action, claim, contract, or laws consistent 

therewith, . . . . . • • 142 

voted for on the first Monday in November, 1845, and by whom, . 150 

by whom the votes for shall be counted, &e. . . . 151 

if accepted, the Governor to do what . . . 152 

when the first General Assembly under it shall meet. . . 153 

COMMISSIONS, 

how they shall be issued, sealed and signed, ... 59 

COURT, SUPREME, 

its jurisdiction, ....... 03 

how composed, for what time the Judges shall be appointed, their salaries, 

and to appoint their own clerks, .... 64 

the first appointment, of the Judges of, how regulated, . . 65 

when to hold its sessions in New Orleans, and the Legislature to fix tho 

time elsewhere, ...... 66 

Judges of, to issue writs of habeas corpus in all cases within their jurisdiction, 67 
what shall be its judgment, where the judges are divided in opinion, 68 

appeals from sundry parishes to be made returnable to, at New Orleans, 149 
COURTS, DISTRICT 

how established, . . . . . . . 75 

the Judges of, their salary and qualifications, ... 76 

to hold their offices six years, and their first appoint’t regulated, 77 
its jurisdiction, ..... 78 

COURTS, 

Clerks of, to be elected for four years, and vacancies how filled, . 82 

Legislature to specify their powers, .... 79 

how removed, ...... 80 

[<SVe Judicial Powers — Judges.] 

CORONER, 


one to be elected every two years in each parish, and vacancies how filled, 83 
CRIMINALS, 


to be excluded from office and right of suffrage, ... 92 

not bound to give evidence against themselves—entitled to a speedy trial 
by a jury of the vicinage—right to summon witnesses, &c. and when 
bailable, ........ 107, 108 

CORPORATIONS, 

the State not to be a subscriber to, . . . . 121 

not to be created renewed or extended, with banking or dis'ting privileges. 122 
not to be created by special laws, with exceptions, . 123 

power to revoke the charters of all after 1890, given to the Legislature, 124 
monopolies not to be granted for more than twenty years, . . 125 

CLERKS, 

of House of Representatives, to know French and English, . 104 


[See Assembly General and Courts.] 

DISTRICTS, JUDICIAL 

the first Assembly to divide the State into—when and how changed—their 
number to be what—and the Judges how distributed, . . 75 

Senatorial and representative, how made . . 8 , 15, 16, 143 


DIVORCE, 

none to be granted by the Legislature, . . , , 117 

DUELLING, 

between citizens of the State, a disqualification from office and right of 

suffrage, . . . . . . . 13Q 

ELECTIONS, 

in all the people shall vote by ballot, . . . . 101 

[See Officers, Voting, Assembly, General, House of Representatives ,,1 

EMIGRATION, 

from the State, not to be prohibited, . . . . m 


EDUCATION, .... 133. 134, 135, 136. 137. 138, 139 


I N D E X, 


i Ji 


GOVERN MENT, article./ 

powers of the State, how divided, . - < . 1 

seat of, where and when to be located, . . . • 112 

GOVERNOR, 

of the State, to be elected for four years, how and when . . 38 

his qualifications, ..... 39 

when his duties begin and cease .... 40 

ineligible for the succeeding term, . . . 41 

what persons are ineligible to the office of . . 42 

Lieutenant, elected as the Governor, ... 38 

his qualifications, . . ... 39 

when to act as Governor, ... 43 

compensation, when so acting ... 44 

ex officio President of the Senate, . . 45 

compensation when acting as such . . 46 

power to grant reprieves, pardons, and remit fines, ... 47 

his compensation, ....... 48 

when commander-in-chief of the Army, Navy and Militia of the State, 49 
to nominate public officers, ..... 50, 145 

to fill vacancies during the recess of the Senate, . . . 51 

may require advice from whom, ..... 52 

to give information to the General Assembly respecting the State, . 53 

may convene and adjourn the Assembly on certain occasions, 54 

shall take care that the laws be faithfully executed, ... 55 

to sign or veto bills, and in what manner, . . . . 56 

to approve or disapprove of every order, vote or resolution, . . 57 

his duty on the acceptance of this Constitution by the people, . 152 

when to be installed, . . . . . . . 153 

HABEAS CORPUS, 

when the writ of, may be suspended, . . .108 

HOUSE OF REPRESENTATIVES, 

to form a part of the General Assembly, ... 3 

members of, to be elected for two years, ... 4 

when chosen, .... 5 

qualifications of, . 6 

elections for, where held, ... 7 

representation in, how regulated—and members of, to consist of 
not more than one hundred and not less than seventy, 8 

to choose its Speaker and other officers, . . 3 

until the first enumeration, how formed, . . 143 : 

IMPEACHMENTS, [See Judges.] ... 85, 86, 87, 88' 

JUDICIAL POWER, 

vested in a Supreme Court, in District Courts, and in Justices of the 

Peace, . . . . . . . 62’ 

JUDGES, 

all to be conservators of the peace, ..... 69' 

to refer to the particular law on which they base their judgements and ad¬ 
duce the reasons therefor, . . . . . 70' 

of the Supreme and District Courts to exercise judicial functions only, and 
receive no compensation, save their salaries for civil suits, . 72‘ 

their impeachment or removal by the Governor, by what method, 73 ; 

[See Courts — Officers.] 

JUSTICES OF THE PEACE, 

their jurisdiction, elected for two years, and cognizance of 
criminal matters, ..... 


LAWS, 

public records, judicial and legislative, written proceedings in what language 


promulgated, to be preserved and conducted, . . . 103- 

Legislature to have sole power to suspend the . . . 106’ 

ex post facto, impairing obligations, and divesting vested rights, not to be 
passed, ........ 109 J 

to be promulgated in French and English, .... 132^ 

to be amended, and made how . 118, 11*0, 120 




IV 


l N 1) E X . 


/ 

/ 






LOTTERIES, 

and the sale of lottery tickets forbidden 

MILITIA, 

how to be organized .... 

MONEY PUBLIC, 

what statement of to be published annually 
NEW ORLEANS, 

the citizens of, their right of appointing certain officers 
parish of, divided into representative and senatorial districts . 

OFFICE, 

not to be held by one who exercises another, with what exception 
who shall not be eligible to 
OFFICES, 

the duration of all not fixed by this Constitution shall never exceed four 


years ........ 96 

OFFICERS OF THE STATE, 

to reside in their parishes and districts, and only to be appointed from such 

parishes or districts wherein they vote .... 95 

bow removed ........ 97 

salaries of, to be deducted for neglect .... 99 

the legislature to provide for their continuance in office until their suc¬ 
cessors are inducted . . . . . .129 

under the old Constitution, to remain in office until the new organization 144 
when elected under this Constitution, and when their service is to terminate 147 
of the House of Representatives and Senate, when and how chosen 9, 14 

OATH OF OFFICE,.89 

PROSECUTIONS, 

how carried on ....... 69 

to be by indictment or information . . . . .107 

PRESS, 

the, to be free . . . . . . - 110 

RESIDENCE, 

of State officers, where it shall be ..... 95 

how lost by absence . . . . . . . II 

absence, when no disqualification from voting or holding office . 98 

Legislature to point out the manner of declaring . . . 100 

•SENATE, 

one of the branches of the General Assembly ... 3 

members of, elected for what time and to choose their own officers . 14 

majority of necessary 1o confirm or reject the Governor's 

nomination ...... 34 

SENATORS, 

divided by lot into two classes . . . . . 17 

qualifications of . . . . . . . 18 

elections for, when held ...... 19 

of the United States, how elected ..... 37 

SECRETARY OF STATE. 

to hold his office four years ...... 58 

must know the French and English . . ... . 104 

SHERIFFS, 

are to be elected every two years in each parish, vacancies to be filled 


by the Governor . . . . . . . 83, 84 

TREASON, 

in what it shall consist, and the proof ..... 90 

TAXATION, 


urricLtt. 

116 

. 60 , 61 

93 

128 
8, 15 

2, 126 

102 


shall be equal and uniform . . . . . .127 

VOTING, 

the right of, to whom given . . . . . .10 

to whom denied . . . . . 11, 12,92,130 

to be allowed only in the parish and precinrt of the voter . . 13 

to be regulated by law ...... 92 


LB JL ’05 





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IBRARY OF CONGRESS 






